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The country's High Court judges have got their wish - from today, they will be able to unclog their courtrooms of methamphetamine cases.
New powers have come into effect allowing the High Court to shift many of its methamphetamine, or P, cases down to the District Court effectively shunting the backlog onto their judicial colleagues there.
Courts Minister Rick Barker will today announce regulations allowing the shift, made possible by the recent passing of the Criminal Procedure Bill.
The changes follow comments by Chief High Court Judge Tony Randerson in the Weekend Herald seven weeks ago that the flood of methamphetamine trials was impairing the court's efficient operation and shifting the cases was in the public interest.
Justice Randerson said the backlog was causing excessive delays to both criminal and civil cases.
The problem began when concern about the harm caused by methamphetamine prompted the Government to make it it a Class A drug five years ago.
The maximum penalty of life imprisonment meant cases could be dealt with only by the High Court.
Under the new regulations the High Court will still assess methamphetamine cases in the first instance. But it will be able to send the majority of less-complicated methamphetamine cases, such as those involving one defendant charged with possessing a small amount of the drug - where a shorter sentence is likely - to the District Court.
The High Court will still hear the more serious cases involving importation, gangs, and multiple accused where longer or life sentences are a possibility.
The sentencing options for judges in the District Court will still be the same, meaning methamphetamine offending will be treated just as seriously.
The regulations will have immediate effect, and the High Court will be able to reassign methamphetamine cases that already have trial dates set in the High Court.
It will free court time for the High Court to deal with more serious and complicated criminal and civil cases.
But the Herald understands the judiciary and the Ministry of Justice have not finalised exactly how the District Court will handle the effect of the change, and are saying it "will need to be assessed over time".
The District Court is also overloaded.
Northern region executive judge Jan Marie Doogue said in May that Auckland's courtrooms were "physically full", and without more resources there was every chance it would hit a crisis.
Justice Randerson's comments came after the Criminal Procedure Bill was stalled in Parliament for more than a year because the Labour-led Government could not get a majority to pass it without National's support.
THE PROBLEM
Of the 245 criminal trials waiting to be heard in the High Court, virtually half 121 cases - are methamphetamine related. (As at May 31, 2008).
THE SOLUTION
From today many methamphetamine cases will be able to be shifted down to the District Court - although the exact effect of this on its equally overloaded system is unknown.
